Questions Delaying Bucks Water Project

July 10, 1986|by HAL MARCOVITZ, The Morning Call

In the 14 days since Bucks County was ordered to build the Point Pleasant water project, officials and attorneys have been huddling, proposals have crossed tables but not a single slab of cement has been poured.

Nor does it appear likely that any construction will commence shortly, since some key decisions by the county commissioners have yet to be made.

The most significant issue that the commissioners are ironing out is whether to accept Philadelphia Electric Co.'s offer to turn over construction of the $10-million Point Pleasant pumping station to the utility.

"The first thing that will be decided will be who is going to build the pump - us or PE," James M. McNamara, county solicitor, said yesterday.

Under the court order that was upheld June 26 by the Pennsylvania Supreme Court, the county must construct the pumping station but turn over the rights to build other components of the project to the North Penn and North Wales water authorities.

Just as significant to the project as the pumping station is the planned Chalfont water treatment plant, the major component that will come under ownership of the North Penn and North Wales water authorities.

If the treatment plant is turned over to North Penn and North Wales, the supply of water in Bucks County would, in essence, be controlled by out-of- county entities.

Jeremiah J. Cardamone, attorney for the two water authorities, said Bucks County has promised to send him "an extremely complex and detailed letter which will set forth the way they will comply with the court order."

Cardamone said he has no idea when the letter will be sent, nor is he satisfied that the promise to send it represents evidence Bucks County is being diligent in its effort to comply with the court order.

The attorney said he is considering asking a judge to intervene, but for the moment Cardamone said the two authorities are not ready to take such a drastic step.

Bucks County's legal fight against the Point Pleasant water project came to an end two weeks ago when the state Supreme Court refused to hear the county's appeal to the 1985 order issued by Bucks County President Judge Isaac S. Garb.

PE and the North Penn and North Wales water authorities had sued the county, demanding that work be resumed. The Democratic administration ordered construction to a halt shortly after Commissioners Carl F. Fonash and Lucille M. Trench took office in early 1984.

The $55-million project is designed to serve the water needs of drought- prone communities in Bucks and Montgomery counties. In addition, it is intended to provide supplementary cooling water to the PE-owned Limerick nuclear power plant in Montgomery County.

The project, which would draw up to 95 million gallons a day from the Delaware River, includes the pumping station in Point Pleasant, water treatment plant in Chalfont and a network of pipelines in the two counties.

McNamara said the county is working out "various proposals" that will be submitted to the North Penn and North Wales authorities. According to McNamara, a proposal could include an offer by Bucks County to build the project as it was originally intended to be built - with Bucks County as the owner and operator of the entire system.

However, the solicitor said it would be up to North Penn and North Wales to accept the offer, since the court order specifies the two authorities have the right to seize control of the water treatment plant and other components. The court order also requires North Penn and North Wales to reimburse the county for its costs.

"We could make proposals, but they are the ones with the court order," McNamara said.

He added that he understands North Penn and North Wales fullyintend to enforce the court order to the letter.

"Right now we assume they mean what they say," said McNamara.

Cardamone said he could not comment on any proposal forwarded by Bucks County until he sees it. At this point, Cardamone said, the water authorities are expecting Bucks County to build the pumping station and turn over to North Penn and North Wales the rights to build and operate the water treatment plant.

Cardamone said, "I'd like to see them immediately commence construction and turn over the water treatment plant to North Penn and North Wales."